Loading...
HomeMy WebLinkAbout2012-05-24-ZBA-Min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall May 24, 2012 Board Members Present: Chairman – Carolyn C. Wilson, John J. McWeeney, Leo P. McSweeney, David G. Williams and Martha C. Wood Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 30 Hayes Lane, Map 48, Lot 211A Petitioner submitted the following information with the application: nature and justification of request; topographic plan; a hand written plot plan; floor plans and a request for a waiver of the certified plot plan requirement. A letter of support was received from Edward and Elizabeth Borden of 32 Hayes Lane. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of Selectmen, the Zoning Administrator, the Planning Director and the Historic Districts Commission Clerk. Comments were received from the Zoning Administrator. The Chairman opened the hearing at 7:30 pm by reading the legal notice and described information received from the petitioner. George McCormack Jr., owner of the property, presented the petition. Mr. McCormack presented the Board with pictures of the lot and explained the hardship as the topography of the lot. They also presented an e-mail in support of the petition from Monica David and Chuck Alexander of 26 Hayes Lane. The petitioner is requesting a Variance from section 135-35A, Table 2, Schedule of Dimensional Controls to allow a rear yard setback of 2 ft. instead of the required 15 ft. rear yard setback. The Board asked if the shed would be seen by the Condominium Complex behind him and what was the need for the shed. There were no questions from the audience. Peter Johnson of 35 Hayes Avenue spoke in support of the petition. No one spoke in opposition of the petition. The hearing was closed at 7:36 pm. BOA Meeting May 24, 2012 2 On a motion by John J. McWeeney and seconded by Leo P. McSweeney, the Board voted 5-0 to waive the certified plot plan requirement. On a motion by Leo P. McSweeney and seconded by John J. McWeeney, the Board voted 5-0 to approve a variance from section 135-35A, Table 2, Schedule of Dimensional Controls to allow a rear yard setback of 2 ft. instead of the required 15 ft. rear yard setback at 30 Hayes Lane. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting May 24, 2012 3 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall May 24, 2012 Board Members Present: Chairman – Carolyn C. Wilson, John J. McWeeney, Leo P. McSweeney, David G. Williams and Martha C. Wood Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 1762 Massachusetts Avenue, Map 49, Lot 35A Petitioner submitted the following information with the application: nature and justification of request, topographic plan, plot plan, floor plans and a request for a waiver of the certified plot plan requirement. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of Selectmen, the Zoning Administrator, the Planning Director and the Historic Districts Commission Clerk. Comments were received from the Historic District Commission Clerk and the Zoning Administrator. The Chairman opened the hearing at 7:37 pm by reading the legal notice and described information received from the petitioner. Business Owner, Jillian McDonough, presented the petition with the owner of the building, Jeffrey Lyons. The petitioner is requesting a variance in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-64 to allow 4 parking spaces instead of the required 13 spaces. Ms. McDonough described the yoga studio that she would like to open and the floor plans for the business which will be on the second floor of the building. At the hearing Ms. McDonough presented the Board with an updated floor plan. A Board member asked who the previous tenant was and how many people previously worked there. The Eagle Bank was there with approximately 25 employees. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The hearing was closed at 7:39 pm. On a motion by Leo P. McSweeney and seconded by John J. McWeeney, the Board voted 5-0 to waive the certified plot plan requirement. BOA Meeting May 24, 2012 4 On a motion by Martha C. Wood and seconded by John J. McWeeney, the Board voted 5-0 to approve a variance in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-64 to allow 4 parking spaces instead of the required 13 spaces. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting May 24, 2012 5 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall May 24, 2012 Board Members Present: Chairman – Carolyn C. Wilson, John J. McWeeney, Leo P. McSweeney, David G. Williams and Martha C. Wood Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 8 Nowers Road, Map 71, Lot 281 Petitioner submitted the following information with the application: nature and justification of request, topographic plan, plot plan and elevations. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of Selectmen, the Zoning Administrator, the Planning Director and the Historic Districts Commission Clerk. Comments were received from the Zoning Administrator. The Chairman opened the hearing at 7:40 pm by reading the legal notice and described information received from the petitioner. The applicant is requesting a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-29A to extend a part of a non conforming dwelling. Architect Bill Ericson presented the petition for the owners of the property, Philip and Harriet Anthes. The Board members had no questions for the applicant. No one spoke in favor or in opposition to the petition. The hearing was closed at 7:46 pm. On a motion by Martha C. Wood and seconded by John J. McWeeney, the Board voted 5-0 to grant the SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-29A to extend a part of a non conforming dwelling. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting May 24, 2012 6 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall May 24, 2012 Board Members Present: Chairman – Carolyn C. Wilson, John J. McWeeney, Leo P. McSweeney, David G. Williams and Martha C. Wood Staff Present: Dianne Cornaro, Administrative Clerk and Garry Rhodes, Building Commissioner Address: 3 Wachusett Circle, Map 33, Lot 249 Petitioner submitted the following information with the application: nature and justification of request, plot plan, elevations, floor plans and a letter of support from Shawn Tuthill and Caroline Strimaitis of 43 Wachusett Drive. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of Selectmen, the Zoning Administrator, the Planning Director and the Historic Districts Commission Clerk. Comments were received from the Zoning Administrator. The Chairman opened the hearing at 7:46 pm by reading the legal notice and described information received from the petitioner. Philip and Catherine Cormier, owners of the property, presented the petition. The applicant is requesting a special permit in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-29A to extend a part of an existing nonconforming dwelling. A Board member asked the applicant when the bump out was constructed. He believed it was when the house was built in 1927. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The hearing was closed at 7:49 pm. On a motion by John J, McWeeney and seconded my Leo P. McSweeney, the Board voted 5-0 to grant the special permit in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-29A to extend a part of an existing nonconforming dwelling. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting May 24, 2012 7 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall May 24, 2012 Board Members Present: Chairman – Carolyn C. Wilson, John J. McWeeney, Leo P. McSweeney, David G. Williams and Martha C. Wood Staff Present: Dianne Cornaro, Administrative Clerk and Garry Rhodes, Building Commissioner Address: 105 Winter Street, Map 90, Lot 102A-102D Petitioner submitted the following information with the application: nature and justification of request, topographic plan, plot plan, elevations, locust map, subdivision plans, deed dated December 1, 1975, Assessor’s tax record, Letter of support from Dan Asta and Beth Abramowite of 101 Winter Street. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of Selectmen, the Zoning Administrator, the Planning Director and the Historic Districts Commission Clerk. Comments were received from the Building Commissioner, the Conservation Administrator, the Planning Director and the Zoning Administrator. The Chairman opened the hearing at 7:49 pm by reading the legal notice and described information received from the petitioner. Attorney Albert Sreter presented the petition for the home owner, Felicia Collins. Also present at the hearing was the contractor, Benjamin Finnegan. 2 Variances The applicant is requesting in accordance with 135-10B of the Zoning Bylaw to 1) to allow a lot area of 19,142 square feet instead of the required 30,000 square feet for Lot A and; 2) to allow lot area of 24,120 square feet instead of the required 30,000 square feet for Lot B. At the hearing Attorney Sreter gave the history of the property and Mr. Finnegan gave an overview of the proposed plans. A Board member asked the Attorney about the taxes paid on each lot and another Board member asked if the applicant had the right to construct a street since it was a private street. It was also asked if the Street would remain a private way and who would be responsible for the upkeep of an improved road. It is understood by the applicant that the road improvements will need to be worked out with the Planning Board. When asked what was the hardship the applicant spoke of the topography of the lots and member confirmed with the Board member that if the house was built on one lot there would be no need for the variances. BOA Meeting May 24, 2012 8 There was a dicussion on the sizes of the proposed homes and the current status of lots 66 A, B, and C. The Board member confirmed with the applicant by building a road it would open up other lots which are also small. A Board member asked David George, the Zoning Administrator if those lots would be able to be built on. He could not answer that without further investigating the lots. The Chairwoman spoke of the Planning Board’s objection to this petition and their feeling that the applicant is creating his own hardship. Benjamin Moroze of 5 Marvin Street asked how the house numbering would be determined. It was explained that would be determined during the Planning Board process. Jim Courtemanche of 88 Winter Street asked if the house was currently occupied. It has not been occupied since May of 2010. Kathleen Bell of 7 James Street told the Board when the plot plan for the devlopement was established in 1924 it was for summer recidences. Beverly Tringale of 8 James Street was concerned with how far the road would be extended, the road being blocked by parked cars and the natural springs in the area. Anna Rogers representing the Iodice family of 63 Winter Street was concerned with the road infringing on their property and the impact to the lots owned by her family. Matthew Bell of 7 James Street and Brenden Maher of 66 Winter Street spoke in opposition to the project. No one spoke in favor of the petition. Ms. Felicia Collins, owner of the property, spoke of her need to sell the lots as two and her desire to do stay within the character of the neighborhood. The hearing was closed at 8:34 pm. On a motion by Leo P McSweeney and seconded by Martha C. Wood, the Board voted 1-4 to approve the variance to allow a lot area of 19,142 square feet instead of the required 30,000 square feet for Lot A. Carolyn C. Wilson voted in favor of the approval. This variance is DENIED. On a motion by John J. McWeeney and seconded by Martha C. Wood, the Board voted 1-4 to approve the variance to allow a lot area of 24,120 square feet instead of the required 30,000 square feet for Lot B. Carolyn C. Wilson voted in favor of the approval. This variance is DENIED. BOA Meeting May 24, 2012 9 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall May 24, 2012 Board Members Present: Chairman – Carolyn C. Wilson, John J. McWeeney, Leo P. McSweeney, David G. Williams and Martha C. Wood Staff Present: Dianne Cornaro, Administrative Clerk and Garry Rhodes, Building Commissioner Other Business: On a motion by John J. McWeeney and seconded by Martha C. Wood, the Board voted to approve the minutes of April 26, 2012 and May 10, 2012. Submitted by: Dianne Cornaro, Administrative Clerk